Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 | |
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Parliament of India | |
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Citation | Act No. 21 of 1954 |
Territorial extent | India (along with Jammu and Kashmir)(After removal of Article 370 in 2019) |
Commenced | 1 April 1955 |
Legislative history | |
Introduced | 30 April 1954 |
Status: In force |
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, is an Act of the Parliament of India that controls the advertising of drugs in India. It prohibits advertisements of drugs and remedies that claim to have magical properties and makes doing so a cognizable offence. [1] [2]
The act defines "magic remedy" as any talisman, mantra, amulet, or other object claimed to have miraculous powers to cure, diagnose, prevent, or mitigate a disease in humans or animals. It also includes such devices claimed to have power to influence structure or function of an organ in humans or animals. [1]
The law prohibits the advertising of drugs and remedies for
The originally included schedule contained a list of 54 diseases and conditions:
The act stated that the schedule may be changed later to include more diseases for which there are no accepted remedies or for which timely consultation with a registered medical practitioner (as defined under the Indian Medical Degrees Act, 1916 or Indian Medical Councils Act, 1956; includes other state laws too) is required. The act stated that the Central government must make these changes in consultation with the Drugs Technical Advisory Board and Ayurveda and Unani practitioners, if necessary. [1]
The penalty carries a maximum sentence of 6 months imprisonment with or without fine on the first conviction. The term may be up to a year in case of any subsequent conviction. All company members will be deemed guilty if the convicted party is a company. [1]
The law is rarely enforced, and several such products are freely available to the public. [3] It is considered severely outdated as 14 of the diseases on the list are now curable, and newer diseases like AIDS are not on the list. [4] Some advertisements of these categories also appear on cable television channels with little repercussions. [5] Proposed amendments to this law have also raised questions regarding the status of traditional medicine systems like Yoga and Ayurveda concerning modern medicine. [6]
Quackery, often synonymous with health fraud, is the promotion of fraudulent or ignorant medical practices. A quack is a "fraudulent or ignorant pretender to medical skill" or "a person who pretends, professionally or publicly, to have skill, knowledge, qualification or credentials they do not possess; a charlatan or snake oil salesman". The term quack is a clipped form of the archaic term quacksalver, derived from Dutch: kwakzalver a "hawker of salve" or rather somebody who boasted about their salves, more commonly known as ointments. In the Middle Ages the term quack meant "shouting". The quacksalvers sold their wares at markets by shouting to gain attention.
Ayurveda is an alternative medicine system with historical roots in the Indian subcontinent. It is heavily practiced throughout India, Nepal, Bangladesh, Pakistan and Sri Lanka, where as much as 80% of the population report using ayurveda. The theory and practice of ayurveda is pseudoscientific and toxic metals such as lead are used as ingredients in many ayurvedic medicines.
A patent medicine is a non-prescription medicine or medicinal preparation that is typically protected and advertised by a trademark and trade name, and claimed to be effective against minor disorders and symptoms, as opposed to a prescription drug that could be obtained only through a pharmacist, usually with a doctor's prescription, and whose composition was openly disclosed. Many over-the-counter medicines were once ethical drugs obtainable only by prescription, and thus are not patent medicines.
Allopathic medicine, or allopathy, is an archaic and derogatory label originally used by 19th-century homeopaths to describe heroic medicine, the precursor of modern evidence-based medicine. There are regional variations in usage of the term. In the United States, the term is sometimes used to contrast with osteopathic medicine, especially in the field of medical education. In India, the term is used to distinguish conventional modern medicine from Siddha medicine, Ayurveda, homeopathy, Unani and other alternative and traditional medicine traditions, especially when comparing treatments and drugs.
Traditional medicine comprises medical aspects of traditional knowledge that developed over generations within the folk beliefs of various societies, including indigenous peoples, before the era of modern medicine. The World Health Organization (WHO) defines traditional medicine as "the sum total of the knowledge, skills, and practices based on the theories, beliefs, and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health as well as in the prevention, diagnosis, improvement and treatment of physical and mental illness". Traditional medicine is often contrasted with Evidence based medicine.
The history of alternative medicine covers the history of a group of diverse medical practices that were collectively promoted as "alternative medicine" beginning in the 1970s, to the collection of individual histories of members of that group, or to the history of western medical practices that were labeled "irregular practices" by the western medical establishment. It includes the histories of complementary medicine and of integrative medicine. "Alternative medicine" is a loosely defined and very diverse set of products, practices, and theories that are perceived by its users to have the healing effects of medicine, but do not originate from evidence gathered using the scientific method, are not part of biomedicine, or are contradicted by scientific evidence or established science. "Biomedicine" is that part of medical science that applies principles of anatomy, physics, chemistry, biology, physiology, and other natural sciences to clinical practice, using scientific methods to establish the effectiveness of that practice.
Unani or Yunani medicine is Perso-Arabic traditional medicine as practiced in Muslim culture in South Asia and modern day Central Asia. Unani medicine is pseudoscientific. The Indian Medical Association describes Unani practitioners who claim to practice medicine as quacks.
Dosha is a central term in ayurveda originating from Sanskrit, which can be translated as "that which can cause problems", and which refers to three categories or types of substances that are believed to be present conceptually in a person's body and mind. These Dosha are assigned specific qualities and functions. These qualities and functions are affected by external and internal stimuli received by the body. Beginning with twentieth-century ayurvedic literature, the "three-dosha theory" has described how the quantities and qualities of three fundamental types of substances called wind, bile, and phlegm fluctuate in the body according to the seasons, time of day, process of digestion, and several other factors and thereby determine changing conditions of growth, aging, health, and disease.
Venereology is a branch of medicine that is concerned with the study and treatment of sexually transmitted diseases (STDs). The name derives from Roman goddess Venus, associated with love, beauty and fertility. A physician specializing in venereology is called a venereologist. In many areas of the world, the specialty is usually combined with dermatology.
Siddha medicine is a form of traditional medicine originating in southern India. It is one of the oldest systems of medicine in India.
The following outline is provided as an overview of and topical guide to medicine:
Homeopathy is fairly common in some countries while being uncommon in others. In some countries, there are no specific legal regulations concerning the use of homeopathy, while in others, licenses or degrees in conventional medicine from accredited universities are required.
The Ministry of Ayush, a ministry of the Government of India, is responsible for developing education, research and propagation of traditional medicine and alternative medicine systems in India. Ayush is a name devised from the names of the alternative healthcare systems covered by the ministry: ayurveda, yoga and naturopathy, Unani, Siddha, Sowa Rigpa, and homeopathy.
Patanjali Yogpeeth is a yoga institute located in Haridwar, Uttarakhand, India. Founded in 2006 and named after the Rishi Patanjali, the purpose of the institute is to practice, research, and develop yoga and ayurveda. The institute is the flagship project of the yoga teacher and entrepreneur Ramdev.
The Central Drugs Standard Control Organisation (CDSCO) is India's national regulatory body for cosmetics, pharmaceuticals and medical devices. It serves a similar function to the Food and Drug Administration (FDA) of the United States or the European Medicines Agency of the European Union. The Indian government has announced its plan to bring all medical devices, including implants and contraceptives under a review of the Central Drugs and Standard Control Organisation (CDSCO).
The Drugs and Cosmetics Act, 1940 is an act of the Parliament of India which regulates the import, manufacture and distribution of drugs in India. The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and conform to state quality standards. The related Drugs and Cosmetics Rules, 1945 contain provisions for classification of drugs under given schedules and provide guidelines for the storage, sale, display and prescription of each schedule.
Online pharmacy laws in India are still in nascent stage and there are no dedicated online pharmacy laws in India. The Information Technology Act 2000 governs some of the legal issues pertaining to online dealings but it is silent on the aspect of online pharmacy. As a result, illegal online pharmacies have been increasing in India. It has been said that, if properly regulated, online pharmacies in India could prove beneficial to various stakeholders.
The Schedule J of the Drugs and Cosmetics Rules, 1945 of India contains "a list of diseases and ailments which a drug may not claim to prevent or cure". Under Rule 106 of the Drugs and Cosmetics Act, 1940, a drug cannot make claims to treat or prevent any of the diseases or reform the conditions listed.
The Drugs and Cosmetics Rules, 1945 are the rules which the government of India established for the implementation of the Drugs and Cosmetics Act, 1940. These rules classify drugs under given schedules and present guidelines for the storage, sale, display and prescription of each schedule.
Cannabis in Sri Lanka is legally sold through Ayurveda herbal shops, and can be used for medical and scientific purposes if given a license by the Ministry of Health. For recreational usage cannabis is not legal. However, cannabis plays a major role in the traditional culture of the island, with the specific Sinhalese or Sanskrit names virapati (“hero-leaved”), capta (“light-hearted”), ananda (“bliss”), trilok kamaya and harshini indicating its various properties, such as inducing euphoria and heightening sexual energy.